DOD rolls out new sexual assault policies

Defense Secretary Chuck Hagel approved six new orders Thursday to address sexual assault in the military, although Pentagon officials also acknowledged many of the ideas originally came from Congress or are already in practice.

The initiatives — simultaneously trumpeted in a White House statement — include an expansion of an advocacy program for victims to all military branches and giving higher-ranking officers a larger role in tracking cases from the initial report through the final judicial stages.

Anticipating a close vote on that proposal from Sen. Kirsten Gillibrand (D-N.Y.), Hagel and senior military leaders at the Pentagon are scrambling to unveil policies to show that victims can already feel more confident in their cases being taken seriously while ensuring justice for accused service members.

In a prepared statement, the White House said Hagel’s newest rules help “fulfill the president’s call to action” on sexual assault.

“The initiatives announced today are substantial, but only a step along a path toward eliminating this crime from our military ranks,” the White House said. “The president expects this level of effort to be sustained not only in the coming weeks and months, but as far into the future as necessary.”

Among the new DoD rules is a requirement that all “unrestricted” victim reports must be sent quickly to the first flag or general officer in the command chain. This doesn’t go as far as what Gillibrand wants, but Lt. Gen. Curtis Scaparrotti, the director of the Joint Staff, told reporters it will help ensure there’s “oversight at a higher level.”

“They will not necessarily take the action concerning prosecution,” he said. “It’s so that we ensure immediate oversight at an experienced level for the actions that take place from the point we know of the report and beyond.”

The Defense Department also will issue consistent rules across all the service branches about what constitutes inappropriate relationships between trainers and trainees and recruiters and recruits. Several Air Force trainers and recruiters stationed in Texas were convicted earlier this year of serious sex crimes and the Air Force has already put new policies in place to address the problem.

Other new Pentagon policies include an administrative reassignment or transfer of service members accused of sexual assault or related offenses and placing judge advocates in the role of investigating officers in Article 32 preliminary hearings, the military’s versions of grand juries.

DoD also will mandate recurring inspector general audits of all closed sexual assault investigations and expand its service providing legal advice for victims to the Army, Marine Corps and Navy. The Air Force already has this service as a pilot program.

Jessica Wright, the acting undersecretary of Defense for personnel and readiness, told reporters in the Pentagon that each of the new DoD policies originated after Hagel ordered a study in May on the best practices already used by lawyers, commanders and counselors serving in the Army, Navy, Marine Corps and Air Force.